beta
(영문) 대법원 2015.07.23 2015도6344

도로교통법위반(음주측정거부)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of criminal facts regarding the violation of the Road Traffic Act (refluence of measurement) among the facts charged in the instant case.

In light of the relevant legal principles and records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the crime of violation of the Road Traffic Act.

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, the guilty portion is not indicated in the petition of appeal, and the appellate brief does not contain any grounds for objection.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

참조조문